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HomeMy Public PortalAboutsigned easement 4.30.10.pdfSTATE OF GEORGIA COUNTY OF CHATHAM ) ) EASEMENT MAINTENANCE AGREEMENT This Easement Maintenance Agreement (this "Agreement") is entered into this day of zi , 2010, by and between STEPHEN AND KATHRYN WILLEAMS (collectively referil to herein as "Williams") and THE CITY OF TYBEE ISLAND, GEORGIA ("Tybee"). WHEREAS, Williams is the owner of that certain tract or parcel of land commonly known as 1501 Chatham Avenue, Tybee island, Georgia (the "Property"); and WHEREAS, Tybee received an easement for the construction and maintenance of a storm sewer and drain located under a portion of the Property (hereinafter referred to as the "Easement Property" and more particularly described on Exhibit "A" attached hereto and made a part hereof by this reference) by virtue of that certain sewerage easement by and between Irene P. Williams and Tybee dated January 24, 1983, and recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Deed Record Book 1192, Page 113 ("Original Easement"); and WHEREAS, the pipe placed under the Easement Property pursuant to the Original Easement has caused damage to the Easement Property and is therefore in need of repair; and WHEREAS, Williams and Tybee have come to an agreement regarding the appropriate remedial measures to be taken by Tybee (hereinafter, "Soil Stabilization" or "Work"); and WHEREAS, Williams has agreed to grant Tybee such access rights beyond those set forth in the Original Easement as are required to perform. the Soil Stabilization ("Additional Easement Rim") provided that Tybee shall repair and replace any damage caused to the Easement Property by Tybee during, and by reason of, the Soil Stabilization or subsequent inspections and repairs conducted by it; and WHEREAS, Tybee has agreed that after the Soil Stabilization it shall continue to maintain and repair the storm sewer and drain located under the Easement Property. NOW, THEREFORE, for and in consideration of Ten and No/100s (010.00) Dollars in hand paid and the mutual covenants and conditions contained herein, and of other good and valuable consideration set forth in Section D herein, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, the parties hereby covenant and agree as follows: A. Access. Williams does hereby grant, bargain, and convey unto Tybee, its successors and assigns, and creates and establishes for the benefit of the Easement Property, a perpetual, appurtenant, non-exclusive easement for access, ingress and egress on, over and across the Property for the purpose of maintaining and repairing all pipes, fixtures and related improvements heated upon the Easement Property. gs5-nn B. Repair and Maintenance. Tybee hereby agrees to thoroughly inspect the Easement Property and maintain and/or repair same when necessary. Any work or improvements undertaken by Tybee or its employees or agents in connection with the repair or maintenance of improvements located upon the Easement Property pursuant to the exercise of Tybee's right under the Original Easement or by virtue of the Additional Easement Rights herein 4hRti be performed in such a manner so as to not unnecessarily interfere with the quiet enjoyment of or access to the Williams' residence located on the Property. Any damage to the Easement Property caused by Tybee's construction, installation, or maintenance shall be promptly repaired by Tybee at its own cost. C. Soil Stabilization. Tybee has agreed to engage the services of a soil stabilization specialist to perform the Soil Stabilization on the Easement Property at the sole expense of Tybee. The Soil Stabilization shall be performed on the Easement Property as soon as is reasonably possible following the execution of this Agreement. it has been estimated by the contractor performing the Soil Stabilization that said project will take roughly seven (7) days to complete. Once work has begun on the Soil Stabilization, Tybee by and through its contractors or employees, agrees to diligently pursue the Work to completion; provided, however, that the parties understand that work may be delayed for acts of god or other occurrences. beyond the control of Tybee. In all events, all Work shall be completed no later than one month from the date of the beginning of the Work. In the event that actual costs exceed the estimates provided to Tybee, Tybee hereby agrees to pay the requisite expenses, whatever they may be, and agrees to complete the Soil Stabilization at all costs. Tybee shall exercise the utmost care and concern for the landscaping and improvements located thereon during the Soil Stabilization and hereby agrees to repair any and all damage directly caused to the Property and/or Easement Property by a breach of such standard of care. In addition to performing the Soil Stabilization, Tybeehereby agrees to instruct the parties performing the Soil Stabilization to repair/fill the voids located on the surface of the Property and/ Easement Property in addition to filling-in the space surrounding the pipe. In order to ensure the work has achieved the desired result, Tybee shall perform a video study of the pipe and a ground sonar test within ten (I0) of the completion of the Soil Stabilization. After the Soil Stabilization has been competed, Williams understands and agrees that all claims, demands, and causes of action that it has or may have against Tybee for previous damage to the Easement Property allegedly caused by the storm sewer and drain beneath same are settled. The parties, however, agree that such settlement is made with respect to only claims for past damages and is in no way intended to limit any claims which Williams may have for future damages caused by a breach of this Agreement. D. Temporary Construction Easement Williams do hereby grant, bargain. and convey unto Tybee, its successors and assigns and contractors, and creates and establishes a temporary construction easement, non-exclusive easement for ate, ingress and egress upon, over and across that certain property immediately adjacent to the seawall and the Willims' property and going parallel a distance of approximately 110 feet in order for soil to be placed to fill in voids on the property. Once the soil has been placed on the property along the seawall, this easement shall cease to exist and the City shall have no further obligation with respect to the presence of soil along the seawall. However, this will not impact the obligations of the City with respect to the other easement property described herein. E. Abandonment of Easement. In the event at any point in the future, the City elects to abandon this easement and the storm water pipe that is in place pursuant to this easement, then and in such event, the City will provide notice to the Williams or their successors in interest of such abandonment and will fill the pipe with appropriate material (towable fill) in connection with the abandonment and appropriately seal off the line. The City will also seal off the seawall at the location of the pipe in an appropriate manner as determined by the City. Once 546595-0] the process of filling and sealing is completed, the City will have no further obligation with respect to the easement property and no further obligations under this easement agreement. F. Consideration. As additional consideration for the rights granted to Tybee herein, and the partial release given to Tybee by Williams in Paragraph C, Tybee shall pay to Williams the sum of Ten Thousand and No/100 ($10,000.00) Dollars upon execution of this Agreement. G. Miscellaneous. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns. In the event any provision hereof is held to be invalid and unenforceable, such invalidity or unenforceability chall not affect the validity of enforceability of any other provisions hereof, This Agreement contains the entire agreement of the parties hereto with respect to the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not expressly set forth herein shall be of any force and effect, This Agreement may not be modified except by written modification executed by all parties hereto. This Agreement shall be construed, governed and interpreted in accordance with the laws of the State of Georgia. If any party undertakes legal action to enforce any right or remedy under this agreement, the prevailing party shall be entitled to recover in reasonable costs and expenses in connection with such legal action, including, but not limited to, eourt costs and attorneys' fees. 1N WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day, month, and year first above written. Signed, seated and delivered in the presence of: /l LVP Wi Notary Public DIANNE K. OTTO Notary Public, Chatham County, GA My Commission Expires November 6, 2010 646595.07 [SEAL) Signed, sealed and delivered in the presence of: Witness Notary Public KAREN L. FISHER Notary Publio, Chatham County, GA My Commission Expires July Et, 2013 ranBrr A ALL that certain tot, tract, or parcel of land, and portion thereof, situate, lying, and being in Chatham County, Georgia, in the Town of Savannah Beach, Tybee island, shown and designated upon the map or plan of said town, as prepared by Percy Sugden,C.E., July 20, 1928, as Lot #35 and the Eastern 50 feet of Lot #35A, Ward 6, said lot and portion of lot lying contiguous and as a whole having a frontage on Chatham Avenue of 115 feet, with a rectangular depth to Tybee inlet of 110 feet, more or less, and being bounded as a whole by Chatham Avenue, by Lot #34, Ward 6; by Tybee Inlet; and by the remaining 10 feet of said Lot #35; together with all riparian rights appurtenant thereto, as shown as ten feet on either side of a line which appears as a possible New Line Route" on the attached Exhibit A which by reference is expressly made a part hereof.